An Application Under Section 401 ... vs Nur Mahammad Fakir @
2022 Latest Caselaw 3156 Cal

10.06.2022 Item no. 42

PG

C.R.R. 453 of 2015

In The Matter of : An Application under Section 401 and Section 482 of the Code of Criminal Procedure.

And

In The Matter of : Nur Mahammad Fakir @ Nur Ahammad Fakir & Ors.

....................Petitioners

None appears either on behalf of the petitioners or the

State.

Upon perusing the record, I find that the petitioners

have challenged in the instant revision case, an order dated 21st

January, 2015 passed by the Executive Magistrate, Diamond

Harbour in M.F. Case No. 91 of 2015 under section 144 of the

Code of Criminal Procedure, 1973.

The statute provides for a temporary remedy under the

said provision to meet an emergency and that an order of the

Executive Magistrate under section 144 of the Code of Criminal

Procedure shall remain existent and alive for a period of sixty days

from the date of passing the prohibitory order by the magistrate,

after which the same shall have no effect and automatically

ceased to have any effect.

Hon'ble Apex Court, in its judgment reported in AIR

1984 SC 51 (Acharya Jagadiswaranand vs Commissioner of

Police), has been pleased to hold that the nature of order under

section 144 CrPC is to meet an emergency, is not intended to be

permanent or semi-permanent in character.

Hence, the impugned order has already lost its force.

Considering all as discussed above, I am of the opinion

that the present revision case filed by the petitioners under

section 401 and section 482 of the Code of Criminal Procedure,

1973 challenging the impugned order dated 21st January, 2015

passed by the Executive Magistrate, Diamond Harbour in M.F.

Case No. 91 of 2015 under section 144 of the Code of Criminal

Procedure, 1973 has become infructuous and may not sustain

any further.

On the findings as above, I am inclined to dispose of the

present revision case being C.R.R. 453 of 2015 as infructuous.

Urgent photostat certified copy of this order, if applied

for, be supplied expeditiously to the parties after complying with

all necessary legal formalities.

(Rai Chattopadhyay, J.)